INTERNET AND EMAIL EVIDENCE 2011 Gregory P. Joseph*      The explosive growth of the Internet, electronic mail, text messaging and social networks is raising a series of novel evidentiary issues. ...

This article, which was published in U.S. Law Week, can be accessed here. ...

The Lawsuit Abuse Reduction Act of 2011 Gregory P. Joseph*       Legislation has been introduced in Congress to reinstate, in a more aggressive form, the 1983 version of Federal Rule of Civil Procedure 11, under which sanctions were mandatory, not discretionary. The House ...

Privilege and Work Product Developments 2010 Gregory P. Joseph* A recent decision by the D.C. Circuit highlights two cert-worthy issues concerning the scope of work product protection. This article discusses this and other interesting recent opinions dealing with attorney-client privilege and the work product ...

Gregory P. Joseph* Effective December 1, 2010, Federal Rules of Civil Procedure 26(a)(2) and (b)(4) are substantially amended. These amendments govern disclosure of expert opinion. Three Principal Changes. The principal practice changes are: Communications between counsel and retained exper ...

Recent Federal Practice Developments 2010 Gregory P. Joseph* This article analyzes recent developments in federal practice, including two Supreme Court decisions rendered in the past 60 days. Relation Back of Pleading Amendment. Rule 15(c) determines when an amended pleading relates back ...

Current Arbitration Issues in Federal Practice Gregory P. Joseph* The Supreme Court rendered six major arbitration decisions in 2008 and 2009. This article analyzes each, and it explores other significant arbitration issues percolating in the Circuits. Court May Entertain Only Attack on Agreement t ...

Federal Practice Developments 2009 Gregory P. Joseph* This article focuses on significant developments in federal practice in 2009. It supplements two earlier articles, Supreme Court on Federal Practice 2009, 77 U.S.L.W. 2787 ...

Gregory P. Joseph* I. PRE-LITIGATION PRESERVATION Uncertainty is expensive. An accident happens. Parties begin to have issues under a contract. An employee is terminated. A product malfunc ...

Gregory P. Joseph* On June 8, 2009, the Supreme Court resolved a split in the Circuits holding, in Boyle v. United States, 129 S. Ct. 2237 (2009), that an associated-in-fact enterprise under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) must have a “structure.” This artic ...